Description
USER AGREEMENT
By purchasing and downloading these files, you agree to the terms, conditions and licensing agreements set forth below.
All audio and video content captured and/or created by High Water Co., or persons representing High Water Co; at the event(s) listed here shall be the exclusive property of High Water Co.
Note: This does not mean we own the material created by the talent, we only own the video we create, meaning you cannot sell the video we produce containing your material without proper licensing. Likewise, we cannot sell the video of the talent’s material without the proper licensing of the material.
High Water Co. routinely captures more content than will be provided to client, often many times more. High Water Co. will select the best and most representative content from the session/event for the deliverable. This content is deemed to be “Selected Content”. Content not shown is usually, but not always, rejected due to poor exposure, framing, color, composition common subject matter, or duplication of any already included content – this content is deemed “Rejected Content”. It is the sole discretion of High Water Co. as to what content to include in final films as Selected Content, and which to exclude as Rejected Content.
Under no circumstances will Rejected Content be provided to or made available for viewing by Client.
Artistic License
While High Water Co. appreciate encourages input and guidance from the client(s), High Water Co. shall retain the final decision on any style, posing, tone, framing, Capture method, layout, editing, and inclusion of all final video content. All final films will be generated by High Water Co. or a designated agent of High Water Co. Client(s) will have an opportunity to review the final films and make a single round of revisions at no additional charge. Any subsequent changes will incur an editing fee at a prorated rate of $125 per hour, billed in fifteen (15) minute increments, with a minimum of 1 hour per round of revisions.
Delivery
Video deliverables are completed within five (5) WEEKS of the purchase date, unless otherwise specified in writing. Add-on video products are delivered within five (5) WEEKS of when they were added, unless otherwise specified in writing. High Water Co. delivers the completed video edits via digital download (Google Drive, Dropbox, etc.). Video files can also be delivered by USB flash drive (sold separately or provided by client). USB drives are formatted to be used with both MAC, PC and most SmartTVs. High Water Co. is not responsible for troubleshooting or compatibility of any flash drives and/or client’s devices.
Client’s Usage & Social Media Sharing
Copyright of the audio and video content captured during the event(s) and the final video(s)/film(s) created from said content remains the sole property of High Water Co. and may not be modified or altered in any way by any person (examples – filters, cropping, reuse of footage, audio dubbing, etc.), unless otherwise stated in this Agreement.
Client obtains final video content for personal, not-for-direct-profit use only, and shall not gift, give away, license, or sell said content. Additionally, client may not make reproductions of, or authorize any reproductions thereof, by parties other than High Water Co; unless granted a Copyright License by High Water Co. Broadcast or Publication by the Client for any agent of the client, in print, on television, or on the Internet is prohibited without prior written consent and compensation of High Water Co. If Client receives payment for compensation for use of the video and/or audio content by any other party, that a portion (20%) of Client’s compensation will be due to High Water Co. High Water Co.’s compensation will be negotiated on a “per use” basis before distribution takes place, and will be determined based on distribution amount, placement, and duration of use. High Water Co. reserves the right to refuse distribution if a compensation agreement cannot be reached by the parties prior to publication. This Contract does not include a Copyright License for any included content unless set license is included within the invoice were amended to this agreement.
Client is aware that any copying or reproduction of the video content, in any manner’s not specifically allowed by the Copyright License, of any contents supplied by High Water Co., is violation of Tennessee Contract Law and Federal Copyright Law and Client agrees to pay all statutory damages and litigation fees incurred by High Water Co. in pursuit of judgment against Client for copyright infringement.
Client may share final teaser, highlight and story films to social media platforms for personal use, so long as they are not to advertise or promote any third party individual, group or business, unless stated in this agreement or with written consent by the content owner.
Documentary style films which contain content not licensed to Client or High Water Co. for digital distribution, such as pre-recorded or live performances of copyrighted music (including background music), poetry, etc. may not be shared online by any method, including Facebook, Instagram, Snapchat, Youtube or any other platform. Client agrees to pay all statutory damages and litigation fees incurred by High Water Co. in defense of any copyright infringement claims by any content owner.
The client hereby grants to High Water Co. and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish videos of the client or in which the client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases High Water Co. and its legal representatives and assigns from all claims and liability relating to said videos.
Copyrighted Content/DMCA
Live streaming platforms such as YouTube, Facebook Live and Twitch are known to end, mute and even delete live broadcasts in accordance with DMCA (Digital Millennium Copyright Act) Guidelines due to copyrighted music and/or audio being present during live broadcasts. Music played at the event may be captured through our cameras and audio recorders may pass as “incidental”, depending on the conditions set by the copyright owner’s agreement with the broadcast platform. High Water Co. cannot guarantee that the platform used for the broadcast of your event will not end, mute or delete the live broadcast.
Note: Adding disclaimers or other text such as “I do not own the rights to the music” does not protect any party from legal action or DMCA Takedown notices.
Client agrees to hold High Water Co. harmless in the event that the broadcast platform ends or mutes the broadcast and/or deletes recorded content.
